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I Introduction
The adult entertainment industry focuses on two laws generally and a long history of specific court cases. The laws that govern the industry are those of specific zoning requirements and the all too popular first amendment, specifically the freedom of speech and expression. Since 1976 there have been several instances, in which the zoning laws have been changed and will be fully discussed in the proceeding pages. The first amendment on the other hand has never been changed, but plays an important role in the actual existence of an “adult” facility. Before the discussion of the court cases will be an in depth look at the actual zoning laws and what each part means, followed by an analysis of these specific laws.
II The law as it is today
A Zoning Regulations
We must first start with when “zoning” started in America, which was the “early twentieth century as a legitimate means of keeping incompatible uses of land from locating near each other, such as a junkyard next to a schoolyard, or nuclear weapons waste down the street from a hospital. ... ” “ The most common type of adult entertainment regulation is a zoning ordinance. The options available to cities include restrictions on where adult facilities may or may not operate.” Essentially to have an adult establishment they must be located a minimum distance from schools, parks, and religious institutions, they must be located a minimum distance from each other, and they must require operators to allow only one such business in a particular location. ... “Municipalities are authorized to enact zoning laws based on their police power to protect the health, welfare and safety of the community…Zoning restrictions become suspect if aimed at suppressing the content of protected free expression. ... ” “ The United States Supreme Court has approved local governments’ use of zoning ordinances to regulate the location of adult bookstores and movie theatres. ... ”
B Secondary Effects Theory
“The secondary-effects theory is a judicial loophole that allows cities and counties to enact ordinances targeting adult businesses by asserting that the laws are not really directed at the expression that goes on inside but at the so-called secondary effects that happen outside.” “Once a court accepts secondary effects as the harms a zoning law or nude dancing regulation is designed to combat, the law is analyzed under the test for content-neutral speech restrictions.” This helps the community in the fight against the adult entertainment industry, but goes against our first amendment right if the freedom of speech and expression, which will be talked about in the upcoming pages.
C Licensing Regulations
Another hurdle to get into the adult entertainment business is that of licensing which is a tool uses by law enforcement to help regulate the business and the managers of that business. ... ”
D Standard of Conduct
The final restriction on the adult Entertainment industry is that of standards of conduct.
Approximate Word count = 2336
Approximate Pages = 9.3
(250 words per page double spaced)
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